OFFICE OF CHEMICAL SA FETY AND POLLUTION PREVENTION **UNITED ST AT**  **ES ENVIRONMENT AL**  **PROTECTION A GENCY** 

WA SHINGTON, D.C. 20460

October 2 5 , 2012 **MEMO TO FILE SUBJECT**  : Conclusions Regarding the Pre - Biological Opinion Registration of Kaput - D ® Prairie Dog Bait for Use on Black - Tailed Prairie Dogs The purpose of this memorandum is to document EPA’s conclusion that the issuance of a time limited new use registration for Kaput - D ® Prairie Dog Bait (to control Black - tailed Prairie Dogs (BTPD); hereafter referred to as Kaput) , prior to the completion of c onsultation with the U.S. Fish and Wildlife Service (FWS) , is not likely to jeopardize the continued existence of any federally- listed endangered or threatened species, or result in the destruction or adverse modification of critical habitat of such species. This restricted use product is a b ait that contains the active ingredient diphacinone , which must be applied by hand or mechanically on rangeland and adjacent non - crop areas at least 6” into active BTPD burrows. No bait is to be placed on or above ground level. The product label restricts use to the 10 s tates of CO, KS, NE, NM, ND, SD, WY, TX, MT and OK. Given the FWS April 9, 2012 “no jeopardy” Biological Opinion ( BiOp ) for Rozol Prairie Dog Bait (a similar anticoagulant rodenticide containing the active ingredient chlorphacinone; hereafter referred to as Rozol) (http://epa.gov/espp/2012/borozol - final.pdf ) and the agreement of the applicant for Kaput to implement all of the conservation measures and Reasonable and Prudent Measures (RPMs) specified in the Rozol BiOp fo r Kaput , no impacts of concern are expected to occur for Kaput during the period when consultation is occurring for this new product. As described in the Environmental Fate and Effects Division ’s Ecological Risk Assessment for the Section 3 new use registration of diphacinone on BTPDs (EPA, 2012), Kaput has a similar exposure and eco toxicity profile to Rozol , and the area of potential use for the two rodenticides is identical , given that they are both applied by

the same method for use onl y on BTPDs during the same use season (October 1 to March 15) in the same 10 state area within the range of BTPDs . Therefore, the listed species that may be exposed to Kaput are also identical to those exposed to Rozol . Given that the exposure and toxicity profiles of Ro zol and Kaput are similar, the conservation measures and RPMs identified for Rozol should also be protective of endangered species if implemented on the Kaput label . In addition, the labels for both Rozol and Kaput stipulate that other anticoagulant rodenticides cannot be used if appl yi ng either of these products ; therefore, there is no potential for additive exposure . As such, the registration of Kaput is not expected to increase, change the route of, or otherwise significantl y al ter non - target organisms ’ exposure to anticoagulant rodenticides.As an additional safeguard, the Kaput product will be registered on a time - limited basis , such

that the registration will only authorize sale and distribution of the product for the 2012 - 2013 use season. Th e co nsultation process with FWS for Kaput began on October 2 5 , 2012 , concurrent with registration of the produce, and is currentl y expected to be complete d prior to December 10 , 2012 . U.S. Environmental Protection Agency (EPA). 2012. Ecological Risk Asse ssment for the Section 3 New Use Registration of Diphacinone (PC 067701) For Use on Black - tailed Prairie Dogs ( Cynomys ludovicianus ). Office of Pesticide Programs. Environmental Fate and Effects Division. June 28, 2012.